Richard Epstein: The FDA, Off Label Use, and the First Amendment
January 15, 2013 2:00pm - 3:00pm
Doctors routinely (and legally) prescribe drugs for uses that have not been approved by the FDA, but the FDA prosecutes drug companies for promoting their drugs for such "off-label" uses. That may change with the Second Circuit's decision in United States v. Caronia, which held that the longstanding ban on off-label promotion violates the First Amendment of the U.S. Constitution.
Distinguished legal scholar Richard Epstein has suggested that courts should strike down not only the ban on off-label promotion, but (absent false or misleading information) all laws barring the sale of drugs. On Tuesday, January 15, the Center for Law and the Biosciences will host Professor Epstein to discuss the Caronia decision and the future of drug regulation.